RULES AND PROCEDURES FOR THE AGREEMENT
These Rules govern the relationship between KOLOSS LLC (Company) and the Accommodation Object, between whom the Agreement has been concluded.
TERMS OF THE AGREEMENT
Capitalized terms specified in the Agreement and these Rules have the following meanings:
Booking is a set of actions by the Client, as a result of which the Client placed an order for the Services, as well as within the framework of which the Client paid or undertook to pay the cost of the order in the manner proposed on the Service and/or announced by the Company’s Client Service.
Voucher is a confirmation of the Booking sent by the Company by email to the Client after making the Booking, containing all the necessary information.Remuneration – funds due to the Company under the Agreement.
Service agreement – a service agreement, rental agreement, commercial rental agreement, etc., which is concluded between the Accommodation Object and the Client upon Booking.
Information – a meaningful description of the Accommodation and Services, including the name, text description, images, graphic materials, remarks, multimedia, as well as the price including all taxes.
Accommodation facility – (a) a person who is a party to the Agreement; and also, depending on the circumstances, (b) any accommodation (“accommodation facility”) in respect of which a Service Agreement is concluded between the Client and the accommodation facility.
Total amount successfulof all Bookings at the Prepaid rate - the total amount of the Cost of Bookings at the Prepaid rate, the departure of the Clients from the Accommodation took place (should have taken place) in the Reporting month, minus the amount of canceled Bookings.
Client – user of the Service.
A computer program is a set of data and commands, presented in an objective form, intended for the operation of electronic computers and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and the audiovisual displays generated by it.
Reporting month – the calendar month in which the Client left (had to check out) from the Accommodation.
Services – web booking service DomikSmart, which is a multifunctional information technology online booking platform, located on the website on the Internet at the address: https://domiksmart.ru, any other websites of its affiliates, partners and subagents on the Internet; applications for mobile devices.
Booking cost – the amount of money for which the Service Agreement has been concluded (proposed for conclusion).
Services – accommodation (accommodation) services provided by the Accommodation, rental and commercial hiring of the Accommodation, as well as any additional services available for Booking on the Service.
Produkt DomikSmart - Computer programs located at the Internet address: https://domiksmart.ru intended for managing hotel inventory, placing, storing, receiving, editing information, monitoring and processing reservations, generating reporting documents, the developer and copyright holder of which is the Company.
1. LICENSE FOR THE RIGHT TO USE EXTRANET
1.1. The Company (hereinafter also the “Licensor”) grants the Accommodation (hereinafter also the “Licensee”) the right to use the DomikSmart Product (hereinafter also the “Intellectual Property Object”) on the basis of a simple (non-exclusive) license in all countries of the world during the term of the Agreement.
1.2. ABOUTthe intellectual property object is the final and absolute control database in relation to Bookings, the generation of reporting documents and statistical information; and also contains the most complete up-to-date data regarding the actual status of all Bookings for any period of time.
1.3. The intellectual property object is transferred by the Licensor by providing remote access, namely by registering on sites on the Internet using the address link specified in the Rules.
The Licensee has the right to use the Intellectual Property Object in the following ways: playing the program on 1 (one) or more devices of the Accommodation Objectand his employees.
When reproducing the Intellectual Property Item, the Licensee has the right to carry out all actions provided for by the technical functionality of the Intellectual Property Item and necessary for the Accommodation Object to fulfill its contractual obligations.
1.4. The Licensor guarantees that he is the copyright holder for everything in the aggregate and for each individual element of the Intellectual Property Object. The Licensor also guarantees that the Intellectual Property Object does not use elements that violate the rights of third parties. If the guarantees contained in this paragraph are violated, the Licensor undertakes to take measures that will ensure the Licenseeatu unhindered use of the rights transferred under the Agreement.
1.5. The intellectual property object is transferred on an “as is” basis. Thus, the Licensor does not guarantee the Licensee: that the Intellectual Property Object will meet the expectations and requirements of the Licensee; that the Intellectual Property Object will be available at all times; will operate continuously, timely, safely and error-free. Also, the Licensor cannot guarantee the compatibility of the Intellectual Property Item with the Licensee’s software and equipment. The Licensor is not responsible for loss, distortion or damage to the Information transmitted by the Licenseethrough the use of the Intellectual Property Object, except in cases where such loss, distortion or damage occurred as a result of the culpable acts of the Licensor.
1.6. The licensor undertakes:
- maintain the legal protection of the Intellectual Property Object in force;
- refrain from any actions that could impede the Licensee’s exercise of the right granted to him to use the Intellectual Property Object within the limits established by the Agreement;
- ensure proper performance of the Intellectual Property Item, its timely updating and modernization, as well as correction of deficiencies that make it impossible to use.
1.7. The Licensor has the right at any time to make modifications to the Intellectual Property Object, update its content, functionality and user interface.
Technological breaks cannot exceed 8 hours in one calendar month and are carried out at night (from 00:00 to 06:00 Moscow time).
1.8. The Licensee is guaranteed the provision of basic technical support regarding the use of the Intellectual Property Object during the entire term of the Agreement. Basic technical support means the service provided by the Licensor’s specialists via a dedicated line for receiving and resolving technical requests (e-mail: andre850609@yandex.ru, phone +79649501216) consulting assistance, including the provision of information about the functionality of the Intellectual Property Object and how to use it; consulting on setting up the components of the Intellectual Property Object and other issues.
If the Licensee identifies technological errors in the Intellectual Property Object, the Licensee is obliged to immediately notify the Licensor of such an error. At the same time, the Licensor is obliged to eliminate such errors as soon as possible.
When creating modifications of the Intellectual Property Object, the Licensor retains exclusive rights to any modification results, and the right to use the Intel ObjectThe intellectual property provided to the Licensee under this Agreement automatically applies to such results.
1.9. The accommodation facility receives access to personal accounts upon registration. The login is the email specified by the Accommodation during registration; The password is generated automatically or chosen by the user himself. By entering a login and password into your personal account, the Accommodation Object gains access to all the functionality of the Intellectual Property Object's system. The Licensee is responsible for maintaining the confidentiality of logins and passwords, as well as for any actions performed using them. The licensee undertakes to immediately informnotify the Licensor of any suspected unauthorized access to the Intellectual Property Object. All actions carried out using logins and passwords of the Licensee and its employees are considered to be carried out by the Licensee.
1.10. The licensee has no right, independently or with the involvement of third parties:
- to carry out opening of technology, emulation, creation of new versions, decompilation, disassembly, decryption or other actions with the code of the Intellectual Property Object, aimed at violating the system of protection of the Intellectual Property Object from unauthorized use, as well as obtaining information about the implementation of algorithms and technologies usedx in the Intellectual Property Object;
- create software or reference and information products or services using the Intellectual Property Object, as well as databases included in them or text and reference and information materials extracted from them;
- use the Intellectual Property Object in ways not listed in the Rules, as well as use and store it on devices that do not belong to the Licensee;
- carry out adaptation of the Intellectual Property Object, except for cases when such adaptation is made in order to establish the correct functioning of the Intellectual Property Object on the Li technical meanscenziata.
1.11. The Licensee does not provide the Licensor with reports on the use of the Intellectual Property Item.
2. INFORMATION
2.1. The accommodation facility, through its personal account, transfers to the Company all the Information necessary for the execution of the Agreement, which is subsequently posted on the Service and becomes available for Booking.
The Accommodation Object guarantees that all Information provided by it in its personal account is correct, up-to-date and in compliance with applicable laws at all times, including emergency events or situations (for example, reconstruction, construction on or near the Accommodation Object, etc.).
2.2. The company does not change orsupplements the Information specified by the Accommodation Object and is not responsible to the Client for the content of the Information and its compliance with reality; such responsibility is borne by the Accommodation Object.
2.3. The Accommodation Object guarantees that it has the right to use the Information and the means of individualization used by it in its activities on a legal basis. The Accommodation also warrants that the Information and personalization provided in the Services does not violate the rights of third parties and does not violate applicable law.
2.4. The Accommodation Provides the Company with the right to use the intellectual property objects belonging to the Accommodation in any way necessaryrequired for the Company to fulfill its obligations under the Agreement for the entire duration of the Agreement free of charge.
3. TARIFFS AND PRICING
3.1. The accommodation facility establishes a single tariff in the Services regarding the cost of the Services:
– Prepaid rate, according to which the Client pays an amount equal to the Reward, which is 10% of the Booking Cost and is calculated automatically.
3.2. The cost of Services for Accommodation Objects located on the territory of the Russian Federation is indicated in Russian rubles and includes VAT at the rate established by the legislation of the Russian Federation (if the Accommodation Object is a VAT payer) and other taxes andfees (if any).
3.3. The cost of Services for Accommodation Facilities located on the territory of the CIS countries (if the company starts operating in the territories of these countries) may be indicated in Russian rubles or foreign currency. The cost of the Services includes VAT at the rate established by the legislation of the location of the Accommodation (if the Accommodation is a VAT payer) and other taxes and fees (if any).
3.4. The currency of settlements under this Agreement is the Russian ruble. If the cost of Services in the Services is indicated in foreign currency for the purposes of preparing reporting documents, calculating and paying the Company Remuneration, the cost of the Serviceg, indicated in foreign currency in the amount determined at the time the Client made the Booking, is converted into Russian rubles at the rate of financial information provider Yahoo! Finance”, located at: https://finance.yahoo.com, on the last calendar day of the Reporting month.
3.5. The cost of the Booking consists of the following components:
- the cost of the Client’s stay at the Accommodation (including VAT and other applicable taxes and fees);
- the cost of other additional services (such as: breakfast, prepayment for car parking, prepayment for transfers), confirmed at the time of Booking as additional services;
- additional fees that are included incost of Services upon Booking.
3.6. A reservation confirmed by making an advance payment is considered confirmed and is mandatory for execution by the Licensee.
4. RELATIONSHIP WITH THE CLIENT
4.1. Service to the Client is carried out by the Accommodation Object in accordance with the Service Agreement concluded between the Client and the Accommodation Object. The Accommodation Object is obliged to provide the Client with Services of adequate quality that comply with the Voucher posted in the Information System, as well as applicable law.
4.2. All information about Bookings made by Clients is contained in the personal accounts of the services. The Company also provides the Accommodation with an email confirmation of each completedinformation on the Booking Service and special requests of the Client.
4.3. Unless otherwise agreed by the Parties, the possibility of making a Booking ends on the expected date of arrival, at 23:59 local time of the Accommodation. In this case, the Client has the right to check into the Accommodation at any time before the end of the Client’s check-out hour on the day following the day of the Client’s expected arrival.
4.5. The Accommodation Object is not allowed to unilaterally cancel Bookings made by the Client without the consent of the Company. Any changes to completed Bookings will be communicated by the Accommodation to the Company via email.
4.6. The property agrees not to chargefrom the Client no additional fees not specified in the Voucher (including fees for making a payment).
4.7. In case of no-show of the Client at the Accommodation Facility or cancellation of the Booking made at the Prepaid rate, the Company reimburses the Client for the Cost of the Reward minus the amount of statutory deductions (commissions for transfers and banking services).
4.8. The Accommodation is obliged to notify the Company of the Client's no-show at the Accommodation by changing the Booking status no later than 2 (two) business days from the Client's scheduled arrival date.
4.9. The Accommodation Object never replaces the booked Accommodation Object with another, except with the consent of the Client, factthe presence of which must be documented by the Accommodation Property.
4.10. If it is necessary to move the Client to another accommodation facility, subject to the Client’s consent, the Accommodation Object:
a) notifies the Company of such movement as soon as possible; and
b) and provides the Client with alternative accommodation with similar or improved conditions for the same price and covers any additional costs of the Client arising in connection with such movement (for example, taxi transfer to an alternative accommodation facility).
4.11. About a move that is carried out at the initiative of the Accommodation as a result of alleged force majeure circumstances, the Accommodation must immediatelyn inform the Company's Customer Service with the obligatory provision of documented evidence of the existence of such force majeure circumstances.
4.12. In the event that the Accommodation is unable or unwilling to move the Client or is unable to provide documentary evidence of force majeure, the Company may arrange for the Client to be accommodated in an alternative accommodation with similar or improved conditions. In this case, the Company may issue an invoice to the Accommodation for an amount of compensation equal to the amount of expenses incurred for placing the Client in an alternative accommodation, which must be paid by the Accommodation within 5 (five) business days fromthe date of its receipt.
5. COMMUNICATION WITH THE CLIENT
5.1. If additional information is required regarding a Booking made by the Client, the Accommodation must contact the Company directly. Direct contact between the Accommodation and the Client outside of the services is undesirable due to the risks of fraud and dishonest actions of third parties, with the exception of obtaining information and information regarding the nuances of Booking and check-in.
5.2. In the event that the Client contacts the Accommodation prior to the check-in date in order to change information or cancel a confirmed Booking, the Accommodation must advise the Client to carry out these actions in person.Client's account on the Service. To avoid misunderstandings, the Accommodation does not have the right to change or cancel the Booking until the Company has been informed and has received permission to do so.
6. COMPANY REMUNERATION
6.1. The remuneration is payable to the Company, including in the event of the Client’s impossibility of check-in due to the actions/inaction of the Accommodation, as well as in the event of failure (untimely notification) by the Accommodation to the Company of the Client’s no-show.
6.2. The Company independently deducts the Remuneration due to it from the amounts received from Clients when paying for Bookings at the Prepaid rate.
6.3. Remuneration is payable to Companyand also in case of refusal of the Accommodation to provide Services to the Clients, except for cases when the non-occupancy of the Clients was due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions, proven by the Accommodation and documented.
6.4. If the Reservation is assigned the status of “no show” by the Accommodation, the Company has the right to contact the Client at any time and clarify the reasons for the no show. If the Company, when interacting with the Client, reveals the fact of the Accommodation Object’s deliberate false assignment of “no-show” status to a Reservation for which the Client actually resided at the Accommodation Object, the Accommodation Object willdue to improper fulfillment of contractual obligations, pays the Company a double remuneration. This rule also applies in other cases of unreliable changes by the Accommodation to the Client’s Booking status.
7. PAYMENT PROCEDURE
The Company automatically charges a Remuneration in the form of an advance payment for the Booking, which is the amount of the commission for the services of the Booking Services at the Prepaid rate.
8. SPECIAL CONDITIONS
8.1. If the Accommodation loses the right to provide Services, it is obliged to immediately notify the Company. In this case, the Agreement is considered terminated on the date the Company receives such notification, and in the absence of notification - on the date when the CompanyI learned about the loss of the Accommodation's right to provide Services.
8.2. In the event of the Client’s untimely cancellation of the reservation, lateness, no-show or refusal of the Services at any time, the Accommodation Property has the right to make in relation to the Client only deductions provided for by the legislation of the Russian Federation withholdings, namely:
8.2.1. An accommodation facility that is a classified hotel in accordance with the Decree of the Government of the Russian Federation of November 18, 2020 N 1860 “On approval of the Regulations on the classification of hotels” has the right, in relation to guaranteed reservations, to withhold for the actual downtime of the room (place in the room), but not more than one day in accordance with paragraph.16(a) Decree of the Government of the Russian Federation of November 18, 2020 N 1853 “On approval of the Rules for the provision of hotel services in the Russian Federation”;
8.2.2. in all other cases, the Accommodation Object does not have the right to make any deductions in relation to the Client, however, the Accommodation Object has the right to apply directly to the Client with a demand for recovery of its actually incurred and documented expenses in accordance with clause 1 of Art. 782 of the Civil Code of the Russian Federation.
When the Client presents claims to the Company related to the return of the advance payment of the Booking Cost paid to the Company, the Company has the right to apply the provisions provided for in paragraphs. 10.4, 10.6. of these rules.
8.3. The company has the rightinvolve subagents and other third parties in the execution of the Agreement, while remaining responsible for their actions to the Accommodation Property.
8.4. SPECIAL CONDITIONS
8.4.1. The accommodation facility is independently responsible for its actions in the field of taxation in the territory where its facilities are located. The Company does not check the Accommodation Object for the availability of relevant documents confirming one or another form of registration, implying that the Accommodation Object is independently obliged to comply with the Laws of the countries where it operates. The Company receives its remuneration directly from the Client in the form of an advance payment and fulfills its responsibilities for calculating and paying all payments according to the currentcurrent tax legislation.
8.4.2. Taking into account that the Company cooperates with the payment provider OJSC Sberbank of Russia (hereinafter referred to as the Payment Provider), the Accommodation agrees that the processing of payments under the Agreement and the generation of checks for the Services are carried out by the Payment Provider. The Accommodation Object is obliged to independently carry out all necessary actions to collect payments due to the Object from the Client for accommodation, and inform the Client about available methods of accepting payments and reporting forms.
8.4.3 The Accommodation Accommodation agrees that it is solely responsible for paying professional income tax in due time, as well as fortimely transmission of correct data to the appropriate services. In the event of adverse consequences in the form of fines, penalties, additional charges, or other penalties from tax and other government authorities, the Accommodation Object is obliged to resolve them independently and at its own expense.
9. PRIVACY AND PERSONAL DATA
9.1. The parties undertake to take all necessary and sufficient measures aimed at protecting the personal data of individuals in accordance with the requirements established by the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. The parties undertake to process personal data of individuals in strict accordance with established lawsom principles and rules.
Personal data of individuals transferred to each other by the Parties is considered confidential information. The parties undertake to use personal data of individuals solely for the purposes necessary for the execution of the Agreement. The processed personal data of individuals is subject to destruction or depersonalization upon achievement of the processing goals or if the need to achieve these goals is no longer necessary.
The parties guarantee that all personal data is obtained in compliance with all requirements of current legislation. All possible sanctions related to the misuse of personal data fall on the Party that committed such misuse.reasonable use.
9.2. The Parties undertake to maintain the confidential nature of commercial information received from the other Party during the term of the Agreement, as well as for 2 (two) years after its termination for any reason.
9.3. The Parties undertake not to disclose, without the prior written consent of the other Party, any confidential information that becomes known during the execution of this Agreement, not to transfer it to third parties and not to use it other than to fulfill their contractual obligations.
9.4. The Party guilty of violating the terms of confidentiality shall compensate the other Party for all losses incurred by it and shall also be liablein accordance with the legislation of the Russian Federation.
10. RESPONSIBILITY OF THE PARTIES
10.1. The Accommodation Object is responsible for the accuracy, completeness and compliance with the current legislation of the Russian Federation of the Information uploaded to the Services, including with respect to the Booking Cost, their availability for Booking in the System, as well as for Bookings made by Clients on the basis of such data.
10.2. The Company is not liable to the Client for losses caused to the Client as a result of the Accommodation providing information that is incorrect or does not comply with current legislation, as well as for the quality of the Services provided by the Accommodation.
10.3. INin the event that the Company, as the owner of the information aggregator, is presented with claims by the Client (including, but not limited to, claims made on such grounds as: unreliability or non-compliance with the reality of the Information provided by the Accommodation Facility; inadequate quality of the Services provided by the Accommodation Facility; collection of fines and deductions not provided for by law for cancellation of the Booking, no-show or refusal of the Client to Services, as well as other additional fees), such losses are subject to compensation by the Facility placement.
At the same time, the Client’s presentation of claims against the Company through any means of communication and the subsequent voluntary satisfaction by the Company of such claimsThis is an unconditional basis for compensation by the Accommodation for losses incurred by the Company.
In the event of the Company’s refusal to satisfy the Client’s claims presented in pre-trial proceedings and the subsequent recovery of funds from the Company in court, the Accommodation Property shall reimburse the Company for all funds paid to the Client, as well as other losses incurred by the Company (including legal costs and enforcement fees).
10.5. In the event of claims against the Company from copyright holders and other third parties related to the lack of legal grounds for using the Information and means of individualization posted by the Accommodation Object, the Accommodation Object undertakes to compensateall losses incurred by the Company as a result of being held liable, including legal costs and enforcement fees.
10.6. The Company has the right at any time to automatically offset similar counterclaims to the Accommodation Property for any reason.
10.7. The parties do not compensate each other for lost profits.
11. DISPUTE RESOLUTION
11.1. The relations of the Parties under this Agreement are governed by the norms of the current legislation of the Russian Federation.
11.2. To resolve disputes related to the Parties’ violation of their obligations under this Agreement or otherwise arising from the Agreement, a mandatory pre-trial dispute resolution procedure is applied. The right sideswarm are violated, before going to court, it is obliged to present a written claim to the other Party outlining its demands. If necessary, documents confirming the identified violations and documents certifying the authority of the representative of the Party sending the claim are attached to the claim.
11.3. The claim may be sent by the Parties to each other in one of the following ways:
- by letter to the email address specified in the details of the Agreement; in this case, confirmation of such a referral is a scanned copy of the claim in PDF, JPEG, TIFF or PNG format saved by the sending Party in its electronic mailbox, as well as a printed paper version of the sent message; Yesthe date of receipt of the claim is the calendar day following the day the letter was sent;
- by registered mail with return receipt requested to the legal or postal address of the Party; the date of receipt of the claim is the date of arrival of the shipment at the place of delivery;
- transfer to the authorized representative of the Party against signature; the date of receipt of the claim is the date of transmission of the claim.
The claim is considered delivered to the Party even in cases where it was sent properly in one of the ways provided for in this paragraph, but due to circumstances depending on the Party, it was not delivered to it or the Party did not familiarize itself with it.
11.4. Claim consideration period – 30(thirty) calendar days from the day the claim is considered received. After the expiration of the specified period, a dispute that is not resolved through a claim procedure may be referred to the Arbitration Court of the Republic of Bashkortostan, which is authorized to consider all disputes arising from the relations of the Parties under this Agreement.
11.5. The parties agreed to consider correspondence by email official, and also to take it into account when resolving possible claims/disputes arising from or in connection with the execution of the Agreement. The parties agreed to consider such correspondence, as well as any documents received by facsimile, electronic or other communication, including using information and televisionInternet communication network, appropriate and admissible evidence in the case in the event of legal disputes arising between the Parties. At the same time, the presence of an electronic digital signature on the above documents is not a prerequisite for recognizing such documents as appropriate and admissible evidence in the case.
12. DURATION OF THE AGREEMENT AND ITS CHANGES. TRANSFER OF THE AGREEMENT
12.1. The Agreement concluded between the Parties is valid for 1 (one) calendar year. If none of the Parties, at least 30 (thirty) calendar days before the expiration of the Agreement, declares a desire to terminate it, the Agreement is considered automatically extended to the next calendarnew year The number of contract extensions is not limited.
12.2. Any of the Parties has the right to terminate the Agreement unilaterally out of court at any time with mandatory prior written notification to the other party at least 30 calendar days before the expected date of termination.
The Company has the right to suspend the performance of its obligations under the Agreement in the event of a violation by the Accommodation of its contractual obligations, notifying the Accommodation of such suspension. If the Accommodation Failure to eliminate the reasons for suspension within the period specified by the Company, the Agreement is automatically terminated.
12.3. The Company has the right to make changes to the Rules with mandatorypreliminary publication of the new version of the Rules in the Services no later than 15 (fifteen) calendar days before the date of entry into force of the changes. The Accommodation may additionally be notified via the email address provided on the Services. In case of disagreement with the new edition of the Rules, the Accommodation is obliged to notify the Company in writing no later than the date the changes come into force; in this case, the Agreement is considered terminated.
Continued use of the Services by the Accommodation is considered the Accommodation's consent to the new version of the Rules.
12.4. Neither Party has the right to assign its rights or obligations under the Agreement to a third party in whole or in part without prior notice.express written consent of the other Party, with the exception of the Company’s right to transfer the Agreement to its affiliate, with mandatory subsequent notification to the Accommodation.
13. DOCUMENT FLOW
13.1. Acceptance certificates, invoices, reports, invoices, etc. may be concluded/signed by the Parties:
- by exchanging documents via electronic or other communication that allows us to reliably establish that the document comes from a Party to the Agreement;
- if the Parties have the opportunity - by signing the specified documents using an electronic signature in accordance with the current legislation of the Russian Federation.
If necessary, the Parties undertake to provide otherd each other a list of persons authorized to sign acceptance certificates, reports and other business correspondence, with copies of their signatures or facsimiles attached, as well as links to the numbers, dates of powers of attorney issued to them, indicating their validity period. Lists must be signed by authorized persons of the Parties.
13.2. If the Parties have agreed to sign documents using an electronic signature in accordance with the current legislation of the Russian Federation, the conclusion of a separate agreement on electronic document management between the Parties is not required, and the Parties are guided by the provisions of this section of the Rules.
13.3. Electronic documents exchanged by the Parties must be signed bya validated electronic signature, which presupposes that the Parties receive certificates of the electronic signature verification key from an accredited certification center in accordance with the norms of the Federal Law of 04/06/2011 No. 63-FZ “On Electronic Signatures” and the availability of technical capabilities for exchanging documents in electronic form.
13.4. The parties acknowledge that an electronic document signed with a qualified electronic signature is equivalent to a paper document signed with a handwritten signature and certified by a seal.
13.5. The Company exchanges electronic documents within the framework of electronic document management through the Kontur.Diadoc system (Operator). In case eIf the Accommodation uses another system for electronic document management, the responsibility for setting up roaming and paying the associated additional costs rests with the Accommodation.
13.6. When exchanging electronic documents, the Parties are guided by the procedure for issuing and receiving documents in electronic form established by the current legislation of the Russian Federation, as well as the procedure established by the Operator.
13.7. Each Party is responsible for ensuring the confidentiality of the keys of a qualified electronic signature and preventing the use of keys belonging to the Party without its consent.
13.8. Drawing up and exchanging documents electronicallyin a new form with their signing by a qualified electronic signature does not cancel the obligation of the Parties to issue powers of attorney with the appropriate powers to the persons signing the reporting documents, if such powers do not follow from the official duties of the person.
13.9. The Parties are obliged to inform each other about the impossibility of exchanging documents in electronic form, signed with an electronic signature, in the event of a technical failure of the internal systems of the Parties. In this case, during the period of such a failure, the Parties exchange documents on paper.